KERISUS 22 (11 Elul) - Dedicated by Rabbi Mordecai Kornfeld and family l'Iluy Nishmas Rabbi Kornfeld's father, Reb Aharon David ben Mordechai Kornfeld, a model of dedication to Torah and love for his fellow Jew and for all of Hashem's creations. His Yahrzeit is 11 Elul.

1)

(a)Seeing as in the Pasuk in Tzav "ve'Chol Dam Lo Sochlu", the Torah inserts ...

1. ... "la'Of" (whose feathers are not subject to Kil'ayim), how do we know that the blood of a sheep and a goat (whose wool is), is included in the Isur?

2. ... "la'Beheimah" (which is not subject to the Isur of al ha'Banim), how do we know that the blood of a Tahor bird (which is), is included?

(b)We learn the above from a K'lal u'P'rat u'K'lal "Kol Dam" (K'lal) "la'Of ve'la'Beheimah" (P'rat) "Nefesh asher Tochal Kol Dam" ('K'lal'). What did we think before concludin that the last phrase is a K'lal?

(c)We query the K'lal u'P'rat u'K'lal on the grounds that the first K'lal is different than the last one. What is the difference between them?

(d)And we establish the author of the Beraisa as Tana de'bei Rebbi Yishmael. What does Tana de'Bei Rebbi Yishmael say?

1)

(a)Even though in the Pasuk in Tzav "ve'Chol Dam Lo Sochlu", the Torah inserts ...

1. ... "la'Of" (whose feathers are not subject to Kil'ayim), we know that the blood of a sheep and a goat (whose wool is), is included in the Isur - from the fact that the Torah inserts the word "ve'la'Beheimah".

2. ... "va'la'Beheimah" (which is not subject to the Isur of'Eim al ha'Banim'), we know that the blood of a Tahor bird (which is), is included - from the Torah's insertion of the word "la'Of".

(b)We learn the above from a K'lal u'P'rat u'K'lal; "Kol Dam" (K'lal) "la'Of ve'la'Beheimah" (P'rat) "Nefesh asher Tochal Kol Dam" (K'lal). Before concludin that the last phrase is a K'lal - we thought that the Torah only forbids the blood of a Beheimah and of an Of (but not of a Chayah).

(c)We query the K'lal u'P'rat u'K'lal on the grounds that the first K'lal is different than the last one - inasmuch as the first one refers only to a La'av, whereas the second one refers to a Chiyuv Kareis.

(d)And we establish the author of the Beraisa as Tana de'bei Rebbi Yishmael - who learns a K'lal u'P'rat u'K'lal even when th two K'lalim are different.

2)

(a)The Beraisa learns from the K'lal u'P'rat u'K'lal whatever is similar to the P'rat in the three points that it listed, and we ask what it comes to include. Why can it not come to include the blood of a Chayah?

(b)Rav Ada bar Avin answers that the Tana comes to include the blood of a Coy, which he considers an independent creature (neither a Beheimah nor a Chayah). On what grounds do we refute the suggestion that he considers it a Safek?

(c)And what will we then learn from the Pasuk there ...

1. ... "Kol Cheilev"?

2. ... "Kol Neveilah"?

(d)And what do we learn from the Pasuk in Vayishlach "asher al Kaf ha'Yarech" (in connection with the Gid ha'Nasheh) regarding a Coy?

(e)How do we learn it from there?

2)

(a)The Beraisa learned from the K'lal u'P'rat u'K'lal whatever is similar to the P'rat in the three points that it listed, and we ask what it comes to include. It cannot come to include the blood of a Chayah - because unless it is specifically precluded, Chayah is generally included in "Beheimah".

(b)Rav Ada bar Avin answers that the Tana comes to include the blood of a Coy, which he considers an independent species (neither a Beheimah nor a Chayah). We refute the suggestion that he considers it a Safek - from the fact that if it was, it would not require a Pasuk to include it, seeing as Mah Nafshach (whichever one it would be) it would be Asur.

(c)And we learn from the Pasuk there ...

1. ... "Kol Cheilev" that - a Coy is subject to the Isur of Cheilev.

2. ... "Kol Neveilah" that - it is subject to the Isur of Neveilah, too.

(d)And we learn from the Pasuk in Vayishlach "asher al Kaf ha'Yarech" that - the Isur of Gid ha'Nasheh too, applies to a Coy ...

(e)... since " ... asher al Kaf ha'Yarech", implies that any animal with a round spoon of the thigh is subject to the Isur (precluding only birds that don't).

3)

(a)We ask from where we know that a Coy is subject to Tum'ah and Shechitah. Which Tum'ah are we referring to?

(b)What do we answer?

3)

(a)We ask from where we know that a Coy is subject to Tum'ah - Tum'as Neveilah, and Shechitah.

(b)And we answer that - having compared a Coy to other animals in every other respect, it stands to reason that we will compare it to them in these two regards as well.

4)

(a)We query the Beraisa, which ascribes Tum'ah Chamurah to Adam, but not Tum'ah Kalah, from the Mishnah in Uktzin, which discusses someone who cuts off a piece of Basar from a human-being. What does the Mishnah say about that?

(b)How does Resh Lakish establish the Mishnah, to explain why it requires Machshavah, why the cutting off alone is not considered a Machshavah?

(c)The Mishnah in Taharos rules that a food remains Tamei as long as it is fit for canine consumption. What Kashya does this pose on Resh Lakish?

(d)To answer the Kashya, what distinction do we draw between something that is already a food and something that is not?

4)

(a)We query the Beraisa, which ascribes Tum'ah Chamurah to Adam but not Tum'ah Kalah, from a Mishnah in Uktzin, which rules that if someone cuts off a piece of Basar from a human being - it requires Machshavah and Hechsher for it to become subject to Tum'as Ochlin (which is a Tum'ah Kalah).

(b)To explain why it requires Machshavah, why the cutting off alone is not considered a Machshavah, Resh Lakish establishes the Mishnah - where he cuts it off to feed a dog (which is not in itself, considered a Machshavah to give it the status of a food).

(c)The Mishnah in Taharos rules that a food remains Tamei as long as it is fit for canine consumption - from which it appears that what is fit for a dog to eat does have the status of a food (a Kashya on Resh Lakish).

(d)To answer the Kashya, we draw a distinction between something that is already a food - which loses its status only when a dog can no longer eat it (the Mishnah in Taharos), and something which is not - which only becomes a food once it is fit for human consumption (Resh Lakish).

5)

(a)What do we now ask on the earlier Beraisa from Machshavah? What sort of Tum'ah normally requires Machshavah?

(b)What do we answer? Why can we not compare the current Beraisa to that of Dam Mehalchei Sh'tayim?

(c)We query this however, from a Mishnah in Iduyos, where Beis Shamai declare Dam Nivlas Beheimah, Tahor. What do Beis Hillel say?

(d)What problem does this create with the earlier Beraisa?

5)

(a)In any event, it is only a Tum'ah Kalah that normally requires Machshavah - a Kashya on the earlier Beraisa, which declares a human-being not subject to Tum'ah Kalah.

(b)And we answer that - we cannot compare the current Beraisa, which is speaking about a live person, to the Beraisa of Dam Mehalchei Sh'tayim, which refers to a dead one, who is only subject to Tum'ah Chamurah, as stated by the Tana.

(c)We query this however, from a Mishnah in Iduyos, where Beis Shamai declare Dam Nivlas Beheimah Tahor - whereas Beis Hillel declare it Tamei ...

(d)... a problem with the earlier Beraisa - which ascribes Tum'ah Kalah to a dead animal, seeing as we just established the Beraisa, (which distinguishes between them) by a dead person.

6)

(a)And we answer with a Mishnah in Uktzin, which requires Machshavah for the Neveilah of a Beheimah Temei'ah everywhere, and that of an Of Tahor in the villages. Why is that?

(b)What did Rebbi Chiya reply when Rav asked him why, seeing as the Neveilah of a Beheimah Teme'ah is Tamei anyway, it requires Machshavah?

(c)We ask why the Tana then exempts it from Hechsher, based on Tana de'bei Rebbi Yishmael. What does Tana de'bei Rebbi Yishmael learn from the Pasuk in Shemini (in connection with Hechsher Lekabel Tum'ah) "al Kol Zera Zaru'a asher Yizarei'a"?

(d)How do we counter this? What is the difference between Tana de'bei Rebbi Yishmael's D'rashah and our case of Pachos mi'k'Zayis?

6)

(a)And we answer with a Mishnah in Uktzin, which requires Machshavah for the Neveilah of a Beheimah Temei'ah everywhere, and that of an Of Tahor in the villages - because nobody tends to eat the former at all, whereas the latter is not generally eaten in the villages - because they are poor and cannot therefore afford fowl, and that is what the Beraisa under discussion is talking about.

(b)When Rav asked Rebbi why, seeing as they are Tamei Tum'as Neveilus anyway, the Neveilah of a Beheimah Teme'ah requires Machshavah, he replied that - the Mishnah is speaking about less than a k'Zayis, which is not subject to Tum'as Neveilah, but which is fit to combine with less than a k'Beitzah of food, complementing the Shi'ur of Tum'as Ochlin.

(c)We ask why the Tana then exempts it from Hechsher, based on Tana de'bei Rebbi Yishmael, who learns from the Pasuk "al Kol Zera Zaru'a asher Yizare'a" that - whatever, like seeds, will never adopt a stringent form of Tum'ah, requires Hechsher.

(d)We counter this by pointing out that - Tana de'bei Rebbi Yishmael's D'rashah refers to other foods which intrinsically do not stand to adopt a stringent form of Tum'ah, but not to less than a k'Zayis of Neveilah, which, if it were to be added to a k'Zayis of Neveilah, would automatically adopt Tum'as Neveilus.

21b----------------------------------------21b

7)

(a)Why does the earlier Beraisa not ascribe Tum'ah Kalah to a small piece of Meis which is less than a k'Zayis, in the same way as we just did to a small piece of Neveilah?

(b)According to Rav Chananya, the Mishnah in Uktzin (which requires Machshavah by Nivlas Beheimah Temei'ah) speaks even by a k'Zayis. How does he establish the case?

(c)Seeing as in its current state, the k'Zayis of Neveilah is not Metamei be'Maga, why does it then not require Hechsher?

(d)Then why, by the same token, does the earlier Beraisa not ascribe Tum'ah Kalah to a k'Zayis of Meis under the same circumstances?

(e)Why is that? On what principle is it based?

7)

(a)The earlier Beraisa cannot ascribe Tum'ah Kalah to a small piece of Meis which is less than a k'Zayis, in the same way as we just did to a small piece of Neveilah - because nobody eats a piece of Meis. Consequently, even if someone has such a Machshavah, we apply the principle Batlah Da'ato Eitzel Kol Adam (his mind is Bateil to that of everybody else) and it does not become a food).

(b)According to Rav Chananya, the Mishnah in Uktzin (which requires Machshavah by Nivlas Beheimah Temei'ah) speaks even by a k'Zayis, and the Mishnah is speakin - where he covered it with less than a k'Beitzah of dough, which on the one hand, prevents the piece of Neveilah from being Metamei be'Maga, and on the other, now combines with it to make up the Shi'ur that is subject to Tum'as Ochlin.

(c)Despite the fact that, in its current state, the k'Zayis of Neveilah is not Metamei be'Maga, it does not require Hechsher - because it is still fit to be Metamei Tum'as Masa (render Tamei be carrying).

(d)By the same token however, the earlier Beraisa cannot ascribe Tum'ah Kalah to a k'Zayis of Meis under the same circumstances - because even now (where it is not touching) it is Metamei Tum'ah Chamurah be'Ohel ...

(e)... based on the principle Tum'ah Retzutzah Boka'as ve'Olah (since there is no space of a Tefach between the piece of Meis and the dough, the Tum'ah goes up to the sky).

8)

(a)The Beraisa precludes the blood of fish and of locusts from the Isur of Dam, because it is all Heter. Why can the Tana not mean that it is not subject to the Isur of ...

1. ... Cheilev?

2. ... Gid ha'Nasheh?

(b)Then what does he mean?

(c)The Beraisa also refers to 'Of she'Ein bo Kil'ayim' (which we explained on the previous Amud [based on Abaye's conclusion here]). On what grounds do we refute the suggestion that the Tana is referring literally to the Isur of Kil'ayim?

8)

(a)The Beraisa precludes the blood of fish and of locusts from the Isur of Dam, because it is all Heter. This cannot mean that it is not subject to the Isur of ...

1. ... Cheilev - because the Cheilev of a Chayah too is permitted, yet its blood is prohibited.

2. ... Gid ha'Nasheh - because the Gid ha'Nasheh of a bird is permitted, yet its blood is prohibited.

(b)What the Tana therefore means is that - it is permitted to eat it without Shechitah.

(c)The Beraisa also refers to Of she'Ein bo Kil'ayim (which we explained on the previous Amud [based on Abaye's conclusion here]). And we refute the suggestion that the Tana is referring literally to the Isur of Kil'ayim - due to the Mishnah in Bava Kama, which specifically incorporates Chayah ve'Of in the Isur of Kil'ayim.

9)

(a)Rav Yehudah Amar Rav rules that one receives Malkos for drinkin the blood of Sheratzim. What Shi'ur must one drink in order to be Chayav?

(b)We query this (the fact that he is Chayav Malkos on the blood of Sheratzim) from a Beraisa which rules 'Dam ha'Techol, Dam ha'Leiv ... Dam Evarim, harei Eilu be'Lo Sa'aseh'. What does the Tana then say about Dam Sheratzim u'Remasim and Dam Mehalchei Sh'tayim?

(c)Based on the Beraisa itself, on what grounds do we refute the suggestion that Dam Sheratzim is not subject to Kareis but is subject to a La'av?

(d)What other problem do we have with that suggestion, based on the Beraisa that we discussed earlier?

9)

(a)Rav Yehudah Amar Rav rules that one receives Malkos for drinking the blood of Sheratzim. The Shi'ur one must one drink in order to be Chayav is - a k'Zayis.

(b)We query this (the fact that he is Chayav Malkos on the blood of Sheratzim) from a Beraisa which rules 'Dam ha'Techol, Dam ha'Leiv ... Dam Eivarim harei Eilu be'Lo Sa'aseh' - adding 'Dam Sheratzim u'Remasim and Dam Mehalchei Shetayim Asur, ve'Ein Chayavin alav'.

(c)Based on the Beraisa itself, we refute the suggestion that Dam Sheratzim is not subject to Kareis but is subject to a La'av - because, in that case, that the Tana should then have included it in the first list.

(d)The other problem with that suggestion is based on the Beraisa that we discussed earlier - which precludes Dam Sheratzim from the La'av of Dam because they are not subject to Tum'ah Chamurah.

10)

(a)So how does Rebbi Zeira explain Rav's ruling? Why does it depend on the wording of the warning?

10)

(a)Rebbi Zeira therefore explains Rav's ruling - with regard to the Isur of Sheratzim, not that of Dam. Consequently, one will only receive Malkos, if he is warned not to eat Sheratzim (but not if he is warned not to drink their blood).

11)

(a)Rav forbids the blood of locusts that has been collected in a receptacle. Why is that?

(b)On what grounds do we reject the suggestion that the Beraisa which permits fish-blood, is speaking where it has not been gathered in a receptacle? What does the same Beraisa say about human blood?

(c)This Kashya is based on another Beraisa, which discusses someone who has a bleeding tooth. What does the Tana there rule?

(d)On what basis does the Tana require the area of bread containing the blood to be removed?

(e)So we see that he only includes human blood that has been collected in a receptacle in the case of the real Isur. How will we then explain the Beraisa which nevertheless permits the blood of locusts?

11)

(a)Rav forbids the blood of locusts that has been collected in a receptacle - because people will come to confuse it with the blood of animals.

(b)We reject the suggestion that the Beraisa which permits fish-blood, is speaking where it has not been gathered in a receptacle - because the same Beraisa forbids human blood (which is not firmly Asur under those circumstances, as we will see).

(c)This Kashya is based on another Beraisa, which discusses someone who has a bleeding tooth. The Tana there rules that - blood that is found on the piece of bread that one is eating must be cut away, but the blood that is still in his mouth, is permitted even if he sucks it from his teeth.

(d)The Tana requires the area of bread containing the blood to be removed - only due to the Mitzvah of 'P'rosh' (to separate), but not because it is intrinsically Asur (because then the blood in his mouth would also be Asur).

(e)So we see that the Tana only includes human blood that has been collected in a receptacle in the case of the real Isur. Consequently, the Beraisa which nevertheless permits the blood of locusts must be speaking - where there are scales in the blood, so that everyone knows that it is fish blood.

12)

(a)What lenient ruling does Rav Sheishes issue with regard to human blood?

(b)How does he reconcile this ruling with the same Beraisa that we just cited to query Rav Yehudah Amar Rav (which rules 'Asur ve'Ein Chayav alav')?

(c)Which Beraisa does he cite in support of this answer?

12)

(a)Rav Sheishes precludes human blood - even from the Mitzvah of P'rosh.

(b)He reconciles this ruling with the same Beraisa from which we just cited to query Rav Yehudah Amar Rav (which rules 'Asur, ve'Ein Chayav alav') - by establishing it by blood that has separated from the person's mouth ...

(c)... as we just learned in the other Beraisa which draws the same distinction.

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